For highlighting information about human rights violations suffered by 31 Burmese Migrant Workers who were working at Asahi Kosei(M) Sdn Bhd, in Charles Hector Blog, HR Defender, Charles Hector, has been sued for RM10 million by the said company.

ALIRAN has up a fund so that concerned groups and persons can contribute to the legal cost and expenses incurred by Charles Hector, Human Rights Defender, in the legal suit initiated by Asahi Kosei (M) Sdn Bhd. A lot of financial support is needed and your immediate assistance is needed.

Payments can be made by bank transfer to:

Persatuan Aliran Kesedaran NegaraBank account number:

107 246 109 510

Malayan Banking Berhad, Green Lane branch, Penang, Malaysia.

(If you are outside Malaysia, please include the “SWIFT” code for our bank: MBBEMYKL)

Please also email us at aliran@streamyx.com to indicate that it is a donation to Hector’s Legal Defence Fund.

Donations may also be made by cheque or bank draft made payable to Persatuan Aliran Kesedaran Negara. Mail your cheque/bank draft to us at 103, Medan Penaga, 11600 Jelutong, Penang, Malaysia, indicating clearly that it is a donation to the Hector Legal Defence Fund. [http://aliran.com/4590.html]

Friday, 11 March 2011

MALAYSIA: Human Rights Defender’s Case Update (4/3/2011)

Charles Hector, Human Rights Defender, Activist, Lawyer & Blogger is being sued by the company for defamation for raising information of human rights and worker rights violations of workers working in the said company on his Blog. Information circulated came from the 31 migrant workers from Burma. Before any posting, an email was sent to the company for clarification/verification, which contained also these words, “If there are anything that you would like to correct, kindly revert to me immediately.

…An urgent response would be appreciated. Failing to hear from you, I would take it that the allegations of the workers are true.”. The company did not respond, and subsequently commenced a legal suit 6 days later.

Bar Council Malaysia (Holding a Watching Brief) was represented by Daniel Lo.

The case today was fixed for the inter-parte hearing with regard the ex-parte injunction obtained on 17/2/2011, and also the hearing of Charles Hector’s application to set aside the said ex-parte order.

As the company’s lawyers wanted to reply to Charles Hector’s Affidavits, the court granted an adjournment for the company to file their Affidavits in Reply, and for Charles Hector to put in any reply after that.

As the ex-parte order automatically lapses on the 1st date fixed for the inter-parte hearing or in 21 days, whichever sooner, the Company applied for an ad-interim order (also known as a holding over order), and court allowed this application and granted a ‘holding-over’ order until the next hearing date. The order was watered down from the earlier ex-parte order, confining it to just the issue concerning the named 31 workers in Charles Hector’s Affidavit and the company, and also limiting it communication through the said Charles Hector blog [www.charleshector.blogspot.com] and communications by tweet.

* Representatives from civil society, human rights groups and the Burmese migrant community were also present in court as a show of support and solidarity.

Other matters

Charles Hector has already filed his Defence and Counter-Claim, whereby in the Counter-Claim he is also seeking some Declarations that determine that company’s supplied workers by ‘outsourcing’ agents, do become the employer on receipt of the workers, and do have the duties/obligations of an employer to these workers. There are other declarations. More information would be given later.

The information provided by the workers. After they complaint about wages, wage deductions,.. they were threatened, there was attempts to send back workers to Burma, removal of electrical and cooking items and disconnection of electrical supply... Details of the said violations were then highlighted in the blog beginning 8/2/2011.

On 14/2/2011, the company did file the legal suit, and also an got ,amongst others, a 'gag' order' on 17/2/2011. All this were done without the knowledge of Charles Hector. The said order and the court documents was handed over to Charles Hector on 21/2/2011.

The stay applied for was not granted by the Court of Appeal on 23/08/2011, and the trial at the High Court in Shah Alam is expected to proceed on the following day, i.e. 24/8/2011, 25/8/2011 and 26/8/2011.

HR Defender, blogger and lawyer is being sued by Asahi Kosei(M) Sdn Bhd for highlighting injustices affecting 31 Burmese migrant workers working at the factory of the said company. Targeting those who highlight injustices is EVIL.